Cybercrime Code altering or causing harm to, or, disrupting, degrading, destroying an electronic system or device, data, infrastructure, or program, is guilty of a crime. Penalty: (a) In the case of a natural person (i) imprisonment for a term not exceeding 15 years; or (ii) a fine not exceeding K50,000.00; or (iii) (b) (2) prohibition from accessing and using ICTs or electronic systems or devices for the term of imprisonment imposed plus an additional two years; or (iv) all or any of Subparagraphs (i), (ii) or (iii); and Inthe case of a body corporate, a fine not exceeding K500,000.00. Where the offence under Subsection (1) is committed against a critical infrastructure, the offender is guilty ofa crime. Penalty: (a) Inthe case ofa natural person (i) imprisonment for a term not exceeding 25 years; (ii) (iii) (b) (iv) a fine not exceeding K 100,000.00; or or prohibition from accessing and using ICTs or electronic systems or devices for the term of imprisonment imposed plus an additional two years; or all or any of Subparagraphs (i), (ii) or (iii); and In the case ofa body corporate, a fine not exceeding K1,000,000.00. 28. ONLINE COPYRIGHT INFRINGEMENT. A person who, intentionally and without lawful excuse or justification, or in excess of a lawful excuse or justification, or recklessly, uses an electronic system or device, and knowingly and repeatedly (a) infringes; or (6) authorises the infringement of; or (c) facilitates or enables the infringement of, a right protected under the Copyright and Neighbouring Rights Act 2000 or any other laws relating to copyright, is guilty ofa crime. Penalty: (a) (b) 29. ONLINE In the case ofa natural person (i) imprisonment for a term not exceeding 15 years; or (ii) a fine not exceeding K100,000.00; or (iii) prohibition from accessing and using ICTs or electronic system or devices for the term of imprisonment imposed plus an additional two years; or (iv) all or any of Subparagraphs (i), (ii) or (iii); and In the case ofa body corporate, a fine not exceeding K1,000,000.00. TRADEMARK INFRINGEMENT. A person who, intentionally and without lawful excuse or justification, or in excess of a lawful excuse or justification, or recklessly, uses an electronic system or device, and knowingly or repeatedly (a) sells; or (b) exposes for sale, goods or services to which a forgery of a registered trademark is falsely applied in contravention of the Trademarks Act (Chapter 385), or any other laws relating to trademarks, is guilty of a crime. -18-

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